PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           29 March 2001
	DOCKET NUMBER:   AR2000046278

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Christopher J. Prosser		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction to his date of rank (DOR) for major.

3.  The applicant states that the major 1999 promotion list was not published until 3 January 2000 and he was given the same DOR.  His DOR should reflect 21 May 1999, his date of eligibility for promotion.  He submits copies of his promotion orders for captain and major in support of his application. 

4.  The applicant’s military records show that he was appointed in the Reserve, Signal Corps, as a second lieutenant effective 11 May 1985.

5.  He attained the grade of captain effective 20 May 1992. 

6.  He was assigned to a major position effective 17 May 1998.

7.  Based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for major was 19 May 1999.

8.  He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB).  The President approved the board on 3 January 2000.  The processing of the board results was administratively delayed.

9.  A promotion memorandum dated 14 January 2000 was issued to him showing 3 January 2000 as his effective date and DOR for major.

10.  The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve component officers.  The law became effective 1 October 1996.  ROPMA provides that in order to be eligible for promotion to major the MYIG for a captain is 7 years, and that an officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completed the maximum service.  ROPMA further specifies that a unit officer must be serving in a position requiring the higher grade.

11.  Title 10, United States Code, section 14308(c)(2) states that except as specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion.

12.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was promoted to captain on 20 May 1992.  Promotion to major requires 7 years time in grade; therefore, his promotion eligibility date was 19 May 1999.  He was considered for promotion to major by the 1999 RCSB and recommended for promotion.  Under ROPMA, an officer cannot be promoted until the President approved the board.  The board was approved on 3 January 2000 and the results were released on 14 January 2000. Officer Management Division verified the applicant went into the position requiring the higher grade on 17 May 1998.  He was issued a promotion memorandum on 14 January with a DOR of 3 January 2000 since this was the day the President approved the board.  Based on this information, it was recommended that his request be denied.

13.  The opinion was forwarded to the applicant for rebuttal on 27 December 2000.  In his rebuttal dated 9 January 2001, he states that Title 10 specifies that officers will be promoted no later than their promotion eligibility date.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his DOR for major to 19 May 1999.

2.  The processing of the promotion board results were administratively delayed through no fault of the applicant, and he should not be penalized for the delay.

3.  Notwithstanding the delay, the effective date of his promotion should remain as 3 January 2000, the date the President approved the board.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major effective 3 January 2000 with a date of rank of 19 May 1999.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_cjp____  _le____   _jns ___        GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046278	
SUFFIX		
RECON		
DATE BOARDED	20010329	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.